leoindiano
07-12 10:04 AM
DOS chief is a puppet for republican government. He is neck deep on the attorney's firing case.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.
sonline
05-20 06:01 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
feedfront
10-04 06:30 PM
Guys,
You should contact senator, congress man to protest about it. It's better to spend time in contacting them then standing in DMV's queue time again. Use your IV's local chapter and initiate a drive to meet law makers.
You should contact senator, congress man to protest about it. It's better to spend time in contacting them then standing in DMV's queue time again. Use your IV's local chapter and initiate a drive to meet law makers.
Ann Ruben
05-13 11:56 AM
The US branch of your employer should consider filing an H-1B for you. The quota has not yet been used up for this fiscal year, and if it is approved, you would have the certainty that you could begin work in the US on October 1, 2009.
It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.
You might also want to consider whether you might be elligible for L-1A status.
It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.
You might also want to consider whether you might be elligible for L-1A status.
more...
akhilmahajan
10-27 09:28 AM
New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
jchan
05-05 09:59 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
So how can we influence them through this 'public commenting' period? Would that make any change at all?
So how can we influence them through this 'public commenting' period? Would that make any change at all?
more...
chakalov
02-17 04:16 PM
The spill over will come from EB1 India guys not from ROW.
gk_2000
04-29 09:10 PM
This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
Moral: those that returned home were not entrepreneurs!
Not fair, Mr. GC Vivek. Debunking based on personal outlook. Do you watch out for Indian start-ups for a living? I doubt. Start-ups are just start-ups. None will be famous, until years later, when some of them slowly start getting some success. Do you expect every 10 person company to get mention in timesofindia.com? HA! What you say above, is what is nonsense.
Moral: those that returned home were not entrepreneurs!
Not fair, Mr. GC Vivek. Debunking based on personal outlook. Do you watch out for Indian start-ups for a living? I doubt. Start-ups are just start-ups. None will be famous, until years later, when some of them slowly start getting some success. Do you expect every 10 person company to get mention in timesofindia.com? HA! What you say above, is what is nonsense.
more...
logiclife
08-03 05:37 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
more...
keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
more...
forgerator
04-29 03:39 PM
The majority of people who return to their home countries do so due to family related reasons. America is still the land of opportunity and the best bet to earn big bucks.
Sheila Danzig
07-25 10:26 AM
In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.
Do you know the reason for your notice?
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
Do you know the reason for your notice?
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
more...
seeking_GC
07-18 08:13 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
needhelp!
04-15 05:35 PM
I'm happy it finally worked out for you! Will you be changing your handle now ? :)
more...
txh1b
08-18 12:21 PM
To be safe, do it even if you get an attached I-94 as you began working. You never know what sort of a minor infraction can lead to a huge trouble later on. Good luck!
DSLStart
12-15 12:51 PM
jayleno: there is nothing funny about this situation so no need to make jokes on him. He just told him about sending wife to India, because that guys uername says Atul which hail from India and not srilanka or pak or bangladesh.
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
mrajatish
04-02 08:45 PM
Admin,
This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.
This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.
satyasaich
10-03 12:36 PM
Even PA DMV also adopted more troublesome procedure of giving DL to the LEGAL IMMIGRANTS.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
Same is the case with Missouri. Earlier in one of the DMVs ( in the same city of St.louis) one official just bluntly denied to consider a valid EAD card, where as 5 miles on the otherside of city, same day, same deparment issued a paper License and sent all the copies of 'Oroginal' documents such as EAD card, SS Card to USCIS for "verification"
my personal opinion is not that they are trying to harass, but rather lack of proper directions
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
Same is the case with Missouri. Earlier in one of the DMVs ( in the same city of St.louis) one official just bluntly denied to consider a valid EAD card, where as 5 miles on the otherside of city, same day, same deparment issued a paper License and sent all the copies of 'Oroginal' documents such as EAD card, SS Card to USCIS for "verification"
my personal opinion is not that they are trying to harass, but rather lack of proper directions
optimystic
03-19 05:55 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
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